Gonchar D. V. Bar as a guarantee of the right to receive properly qualified legal assistance
The legal profession is considered as a guarantee of the right to receive properly qualified legal assistance. It is emphasized that the Bar is a professional association of advocates and it is not a part of public authorities and local authorities. It is the one of the Civil Society institutes that carries out important authority function in the implementation of justice. It protects the interests of the citizens, unlimited circle of juridical and physical persons, who requested the legal assistance. So, the Bar has a public law status as it presents itself a special instrument of civil society. It is said that in the institute of legal profession qualified lawyers-advocates work. They are professional advisers for legal issues and provide with qualified legal assistance. By guaranteeing the right to receive qualified legal assistance, the state establishes the professional and qualification requirements (criteria’s) for advocates.
According to international practice, the aid can be considered as qualified if it is provided by legal experts. At least they have a legal education. The have to maintain the professional standards and ethical guidelines (that is controlled). In Ukraine an advocate can become a physical person, who has a completed legal higher education, speaks the national language, has a record of service of law not less than 2 years, passed the proficiency examination, completed the internship (except the cases prescribed by law), brought an oath of an advocate of Ukraine, received a certificate in legal practice and advocacy. (art. Number 6 of the Ukrainian law “About the Bar and advocacy”).
One of the guarantees of providing a qualified legal assistance by advocates is the guarantee of advocacy itself. In particular, according to the article number 23 of Ukrainian Law “About the Bar and advocacy”, advocate’s professional rights, honor and dignity are guaranteed by the Constitution of Ukraine, by this law and others. Inter Alia, any interference and obstruction in advocacy are prohibited; it is prohibited to require counsel, his deputy, intern, the person, who is in labor relations with counsel, on which the legal practice and advocacy was suspended or terminated. One more guarantee of the legal assistance’s qualification is an opportunity to stop the legal practice and advocacy from the day of adopting the resolution about non-fulfillment or particular fulfillment the advocate’s professional obligations (the resolution adopted by Disciplinary Commission); from the day of adopting the resolution about systematic or rude single violation of legal ethics, which undermine the authority of Ukrainian Bar (the resolution adopted by Disciplinary Commission).
Key words: human rights mechanism, the Bar, advocate (attorney, counsel), qualified legal assistance, human rights, constitution.